Legal troubles mount for Thabane

Legal troubles mount for Thabane

According to the latest evidence presented to the courts of law it is clear that the Police Commissioner Holomo Molibeli is being forced to go on leave because the Lesotho Mounted Police Service (LMPS) had resumed their investigations into the high profile case of the assassination of former First Lady Lipolelo Thabane.

It appears that the Police Commissioner wrote a letter to Prime Minister Thomas Thabane on December 23, 2019 seeking clarity on his mobile phone usage during the assassination. The Prime Minister’s phone numbers, 58852877, called someone on the crime scene. The Prime Minister has been requested to name the person his cell phone was communicating with and what the subject matter was.

Instead of complying with the request of the LMPS, he has now set in motion grounds to dismiss the Police Commissioner. So it is clear that Thabane is guilty of obstruction of justice by attempting to retire Police Commissioner Molibeli. Thabane is also hiding a crime suspect. Instead of collaborating with the LMPS, we have a Prime Minister who is harbouring an alleged fugitive at the State House.

Nothing, in my opinion, magnifies Thabane decline into a sick joke than harbouring a criminal suspect at the State House. These shocking revelations were first brought to our attention by Adv Nkoea Thabane alias Mabatšoeneng Hlaele. Hlaele alleged that the First Lady, ‘Maesaiah Thabane, was heavily involved in the murder of Lipolelo Thabane.
It is baffling even to Thabane’s ardent supporters that the infamous First Lady other than awaiting trial in the courts of law is seen braaing and drinking on the gardens of the State House enjoying full patronage of the Prime Minister even after revelations that she is suspected to have committed such a heinous crime.

The law refers to concealing someone after he or she has committed a crime as “harbouring a fugitive.” Harbouring a fugitive is an offense and is punishable as such. According to the Collins dictionary, a fugitive is someone who is running away or hiding, usually in order to avoid being caught by the police. The Prime Minister has committed an offence of being an accessory after the fact.

According to the Penal Code Act, 2010, section 27, titled Accessory after the fact: A person who assists another person who has completed the commission of an offence to escape arrest or apprehension commits the offence of being an accessory after the fact.

Accessory after the fact helps the perpetrator after she/he has committed a crime by aiding in her escape from arrest, trial, conviction and/or punishment. Since accessory after the fact do not share the same criminal intent as the perpetrator(s), he faces less severe punishment than principal.

It is an open secret in the streets of Maseru that bar for the powers of the Prime Minister to appoint Police Commissioners, Prosecutors, and Judges, Lady Macbeth would have long been in jail or at best would be out on bail to be tried in 2050 if Lesotho’s sorry criminal justice system is anything to go by.
Thabane has thus committed an offence by knowingly harbouring ‘Maesaiah Thabane knowing that she had committed a crime in order to protect her from arrest, trial, conviction and punishment.

Thabane must be warned that there is a critical difference between offering moral or legal support – such as helping his wife find a qualified criminal defence lawyer – and actually helping them to hide from law enforcement.

He must be told that such act may be considered aiding or abetting a fugitive under our laws. The danger is that Thabane may end up being charged as an accessory to the underlying crime.
I want to bring to your attention furious protests that took place recently in Malta. Malta’s Prime Minister Joseph Muscat has been protecting some suspects when the investigation into the death of prominent investigative journalist, Daphne Caruana Galizia, who was killed by a car bomb in October 2017, was conducted.
The people of Malta say the 45-year-old Muscat is too closely involved with the murder investigation to remain in office, after three of his close associates – two ministers and his chief of staff – were forced to step aside last week.

Muscat announced on national television on the 1st December 2019 that he will step down, succumbing to two weeks of furious protests. Muscat did not understand the anger of the people. The people of Malta are saying justice cannot be served with an illegitimate Prime Minister at the helm.
Just like Muscat, Thabane cannot deliver justice in the case involving Lipolelo Thabane’s (1959-2017) murder. Justice cannot be served as long as he remains at the helm of the government. Thabane must do the honourable thing by resigning from office.

But since we know he will not be honourable, Basotho must now force him to resign. We cannot be governed by a leader who is harbouring suspected criminals at State House.
It is inconceivable that ‘Maesaiah Thabane, the wife of the most powerful man in Lesotho does not enjoy the support of her husband who is the Prime Minister and has full control over state institutions such as the police.

My fellow countrymen, this is a struggle. Struggles demand sacrifices without which victory cannot be guaranteed. Nobody can tell with precision how this will end. But end it always does, with victory on the side of justice. But good always and ultimately wins. Mark my words, Thabane and his wife ‘Maesaiah will one day face the full might of the law.

Ramahooana matlosa

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